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65TII Congress, | 
Isi Session. J 



SENATE. 



KKPOliT 

No. 119. 



PREVENTING THE PUBLICATION OF INVENTIONS BY 
THE GRANT OF PATENTS. 



September 11, 1917. — Ordered to be printed 



Mr. Weeks, from the Committee on Patents^ submitted the following 

REPORT. 



[To accompany S. 2531.] 

The Committee on Patents, to whom was referred the biU (S. 2ool) 
to prevent the publication of inventions by the grant of patents that 
mignt be detrimental to the public safety or convey useful informa- 
tion to the enemy, to stimulate mvention, and provide adequate 
protection to owners of patents, and for other purposes, having had 
tiie same under consideration, report it back wdtiiout amendment 
and recommend that the bill do pass. 

Tne purpose of this biU is to prevent publication by the grant of 
patents of inventions which might, m the opinion of the Commis- 
sioner of Patents, from the very nature of the subject matter dis- 
closed therem, be detrimental to the public safety or defense of the 
Nation during a tuxie when the United States is at war, or which 
might assist the enemy or endanger the successful prosecution of the 
war by information conveyed through such publication. It will 
furthermore be understood that those inventions which are of most 
use to the Government during a time of war are also those which 
would, if kn.o^vn, convey useful information to the enemy. It is also 
essential that the inventor or applicant be restrained from publishing 
or discloshig the invention claimed in his application during a state 
of war and nre vented from filing an application abroad therefor as 
it is essential that the patent be withheld and that such publication 
or disclosure without the approval of the Commissioner of Patents 
should termiiiate his right to any patent for the hivention disclosed. 

Under the provisions of the present law patentees can only recover 
compensation for the use of their inventions by the Government sub- 
sequent to the dates upon which patents were granted. In all jus- 
tice and equity to inventors it is essential that they be enabled to 
secure compensation for use by the Government of their inventions 
during the war or for such use while the applications for patents fo] 
said inventions are withheld from issue until the termination Q^^l^e 



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2 PREVENTING PUBLICATION OF INVENTIONS. / 

war, wlicu the i)atents upon wliicli tliey may sue are filially granted. 
Otherwise, if apphcations are withheld from issue or patents are not 
granted during the war, there can be no claim for compensation 
except as now provided in the proposed act. 

The committee wishes to call the attention of the Senate to follow- 
mg letters in advocacy of the proposed legislation : 

Navy Department, 

Washington. 
To Members op Congress. 

Dear Sirs: With the consent of the Secretarjr of the Navy, I am sending you a 
copy of a resohition passed by the Naval Consulting Board at its meeting August 18, 
1917: 

"Resolved, That the Naval Consulting Board urges the speedy passing of legislation 
designed to prevent the publication during the period of the war of patents whose 
publication would be contrary to the public interest, and designed to protect the 
Government and conserve the rights of inventors." 
Respectfully transmitted. 

Thomas Robins, 
Secretary Naval Consulting Board. 



Department of the Interior, 
United States Patent Office, 

Washington, July 18, 1917. 
Hon. Ollie M. James, 

United States Senate. 

My Dear Senator James: In response to yours of the 13th instant respecting 
HouEe bill 5269, of June 28, 1917, to prevent the publication of certain inventions 
detrimental to public safety, I have to say that the essential proAasion in section 1 
is quite similar to British Order in Council of October 14, 1915 (Patent and Trade-Mark 
Review, Vol. XIV, p. 37), which provides that when in the opinion of the Comp- 
troller General of Patents "publication of the invention or design" (in any pending 
application) "might be detrimental to the public safety or the defense of the realm, 
or might otherwise assist the enemy or endanger the successful prosecution of the war, 
he naay delay the acceptance of tlie complete specification" — which means prevent 
publication and by order prohibit publication otherwise. 

The British order also has an interdiction against applying for a patent on the same 
matter in a foreign country, and this the House bill 5269 undertakes to provide for, 
beginning with line 10, by empowering the commissioner to hold the case abandoned 
if a publication or application is made in a foreign country. 

The French also have a quite similar provision in their law of April 12, 1916 (Journal 
Ofl&ciel, April 14, 1916, article 2) sa>dng when the publicity of an invention for which 
an application for patent has been filed may entail dangers and disadvantages for the 
national defense, a decision of the minister of commerce reached by a board appointed 
for that purpose may prohibit any disclosure or exploitation of that invention tempo- 
rarily. The French law also prohibits Frenchmen from applying for foreign patents 
in such case. 

As to the second section of House bill 5269, it was considered by the Secretary of the 
Interior, on recommendation of the Commissioner of Patents, to be simply a just recog- 
nition of the rights of the applicant for patent who, being temporarily prevented from 
securing his rights by patent in the public interest, should not thereby lose his claim 
for compensation in case the Government used the invention. This is in harmony 
with the spirit of the law of June 25, 1910, providing for compensation to inventors 
where the Government uses the invention. 

This office has already put in force an amended rule having the same general pur- 
pose oi this bill (Order No.^ 2331, amended rule 77; 239 O. G., 659) providing substan- 
tially in the words of the bill; and the Commissioner of Patents considers the bill wise 
and necessary, in order to remove any possible question of the Commissioner's right 
to make the amended rule 77 under section 483 of the patent statutes. 
Very sincerely, yours, 

-. F. W. H. Clay, 

■Q. Ox D« Assistant Commissioner. 

SEP 24 1917 



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PREVENTING PUBLICATIONS OF INVENTIONS. 



Navy Department, 
Washington, August 23, 1917. 
My Dear Senator: I have looked over the bill (S. 2531), a copy of which you 
have referred to me, to prevent inventions, a knowledge of which might be useful 
to the enemy, from being published in time of war by the granting of patents, etc. 

It is highly desirable that in time of war some means should be provided by which 
the granting of patents for inventions, the publication of which would be of assistance 
to the enemy, or otherwise detrimental to the public interests, may be deferred for 
the period of the war, upon conditions that will at the same time duly conserve the 
nterests of the inventors, and legislation along the lines of the measure above men- 
i oned, which has these general purposes in view, is accordingly recommended. 
pf It would seem to me that the proposed legislation might go a step further and 
authorize the Commissioner of Patents to communicate such inventions to the heads 
of the departments concerned for use by the United States if to its advantage, with 
the right on the part of the inventor to recover just compensation for such use in the 
manner, provided by this measure when an applicant tenders his invention to the 
Government for its use. 
Sincerely, yours, 

Franklin D. Roosevelt, 

Acting Secretary. 
Hon. Ollib M. James, 

Chairman Committee on Patents, United States Senate. 



War Department, 

Washington, August 7, 1917. 
Hon. Ollie M. James, 

United States Senate. 
My Dear Senator: Referring to your letter inclosing a copy of S. 2531 and request- 
ing my opinion thereon, I beg to inform you that after consultation with the Chief 
of Ordnance (whose bureau is the one especially affected in the War Department), I 
concur" in his following view: 

"No objection is seen to the bill (S. 2531) inclosed herewith, but it is considered that 
its provisions might meet the need of the Government, although occasion for its use 
has not yet developed. " 
Cordially, yours, 

Newton D. Baker, 

Secretary of War. 

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